tihvavy  of trhe  t:heologicaI  ^tminaxy 

PRINCETON    .    NEW  JERSEY 
PRESENTED  BY 


A.    G.    Cameron,    Ph.D. 
5.18.11 


^:)6^ 


REVISED 

BOOK  or  DISCIPLINE 


OF   THE 


J 
PRESBYTERIAN  CHURCH 


IN    THE 

UNITED  STATES  OF  AMERICA. 

PREPARED   BY   THE 

COMMITTEE  OP  THE  GENERAL  ASSEMBLY,  1858, 

AND 

FINALLY  RECONSIDERED  AND  AMENDED  BY  THE    SAME 
COMMITTEE,  ENLARGED,  1802. 

TO    WHICH   IS    NOW   ADDED, 

EULES  FOE  JUDICATOEIES. 


PHILADELPHIA: 

PRESBYTERIAN  BOARD  OF  PUBLICATION, 

No.  821  Chestnut  Street. 


1 


REVISED 

BOOK    OF    DISCIPLINE. 

CHAPTER  I. 

DISCIPLINE,    ITS   NATURE,    OBJECT,    AND   THE   PER- 
SONS  SUBJECT   TO   IT. 

I.  Discipline  is  the  exercise  of  tliat  autliority,  and 
the  application  of  that  system  of  laws,  which  the 
Lord  Jesus  Christ  hath  appointed  in  his  church.  Its 
ends  are  the  rebuke  of  offences,  the  removal  of  scan- 
dal, the  vindication  of  the  honour  of  Christ,  the 
promotion  of  the  purity  and  general  edification  of 
the  church,  and  the  spiritual  good  of  offenders  them- 
selves. 

II.  An  offence,  the  proper  object  of  discipline,  is 
anything  in  the  principles  or  practice  of  a  church 
member,  which   is   contrary  to   the  word  of  God. 
The  Confession  of  Faith,  and  the  Larger  and  Shorter 
Catechisms   of  the  Westminster   Assembly,    as   ac-  •  / 
cepted  by  the  Presbyterian  Church   in  the  United                    j 
States  of  America,  are  standard  expositions  of  the  \ 
teachings  of  Scripture  in  relation  both  to  faith  and 
practice. 

III.  JSTothing,  therefore,  ought  to  be  considered  by 
any  judicatory  as  an  offence,  or  admitted  as  matter 
of  accusation,  which  cannot  be  proved  to  be  such 
from  Scripture,  or  from  the  regulations  and  practice 
of  the  church,  founded  on  Scripture ;  and  which  does 
not  involve  those  evils  which  discipline  is  intended 
to  prevent. 

IV.  All  baptized  persons  are  members    of   the 

church,  are  under  its  care  and  subject  to  its  govern-  . 

ment  and  discipline ;  and  when  they  have  arrived  at  1 


■i 


DISCIPLINE. 


the  years  of  discretion,  they  are  bound  to  perform  all 
the  duties  of  church  members.  It  is  the  office  of  the 
church,  therefore,  to  use  the  proper  means,  in  de- 
pendence on  Divine  grace,  for  bringing  them  to 
repentance  and  faith,  that  they  may  rightly  perform 
their  duty. 


CHAPTER    II. 

OF   OFFENCES. 

I.  Offences  are  either  personal  or  general,  private 
or  public.  . 

II.  Personal  offences  are  violations  of  the  Divme 
law  considered  in  the  special  relation  of  wrongs  or 
injuries  to  particular  individuals.  General  olfences 
are  heresies  or  immoralities,  having  no  such  relation, 
or  considered  apart  from  it, 

III.  Private  offences  arc  those  which  are  known 
only  to  one  or  a  few  persons.  Public  offences  are 
those  which  are  notorious. 


CHAPTER  III. 

OF  THE   PARTIES  IN   CASES   OF   PROCESS. 

I.  Process  against  an  offender  shall  not  be  com- 
menced unless  some  person  undertakes  to  make  out 
the  charge;  or  unless  common  fame  so  loudly  pro- 
claim the  scandal  that  the  court  finds  it  necessary  for 
the  honour  of  religion  to  investigate  the  charge. 

II.  In  the  case  of  personal  offences,  the  mjured 
party  can  never  be  a  prosecutor  without  having  pre- 
viously tried  the  means  of  reconciliation  and  of  re- 
claiming the  offender  required  by  Christ,  Matt.  xviu. 
15,  16.  A  church  court,  however,  may  judicially 
investigate  them  as  general  offences  when  the  mte- 


mSCIPLINE.  5 

rests  of  religion  seem  to  demand  it.  Neither  in  the 
case  of  private  oft'ences  can  those  to  whom  they  arc 
known  become  accusers  without  having  previously 
endeavoured  to  remove  the  scandal  by  private 
means. 

III.  General  offences  may  be  brought  before  a 
judicatory  either  by  an  individual  or  individuals, 
who  appear  as  accusers,  and  undertake  to  substan- 
tiate the  charge ;  or  by  common  fame. 

IV.  In  cases  of  prosecution  by  common  fame,  the 
previous  steps  required  by  our  Lord,  in  the  case  of    • 
personal   offences,    are   not   necessary.      There    are 
many  cases,  however,  in  which  it  will  better  promote  '; 
the  interests  of  religion  to  send  a  committee  to  con-  •' 
verse  in  a  private  manner  with  the  offender,  and  to 
endeavour  to  bring  him  to  a  sense  of  his  guilt,  than 
to  institute  actual  process. 

V.  In  order  to  render  an  offence  proper  for  the 
cognizance  of  a  judicatory  on  the  ground  of  common 
fame,  it  must  first  be  determined  that  a  common 
fame  really  exists ;  and  no  rumour  is  to  be  considered 
as  such,  unless  it  specify  some  particular  sin  or  sins, 
is  mdely  spread,  generally  believed,  and  accompa- 
nied with  strong  presumption  of  truth. 

YI.  It  may  happen,  however,  that  in  consequence 
of  a  report  which  does  not  fully  amount  to  a  general 
rumour,  as  just  described,  a  slandered  individual 
may  request  a  judicial  investigation,  which*it  may  be 
the  duty  of  the  judicatory  to  institute.  And  if  upon 
such  investigatioi^  he  shall  be  found  guilty,  he  may 
be  dealt  with  as  if  he  had  been  convicted  by  regular 
prosecution;  and  in  case  of  an  appeal,  the  judicatory 
may  appoint  some  one  to  represent  an  accuser,  as  in 
prosecution  by  common  fame. 

VII.  In  all  cases  of  prosecution  on  the  ground  of 
common  fame,  the  judicatory  may  appoint  one  or 
more  individuals,  being,  communicating  members  of 
the  church,  subject  to  the  jurisdiction  of  the  same 
court  with  the  accused,  to  represent  common  fame. 


6  DISCIPLINE. 

% 

VIII.  The  original  and  only  parties  to  a  trial  are 
the  accuser  and  the  accused;  and  in  cases  of  prose- 
cution by  common  fame,  common  fame  or  the  person 
representing  it,  is  the  accuser,  and  has,  in  all  the 
courts,  all  the  rights  of  an  original  party.  These 
parties,  in  the  appellate  courts,  are  known  as  appel- 
lant and  appellee. 

IX.  Great  caution  ought  to  be  exercised  in  re- 
ceiving accusations  from  any  person  who  is  known 
to  indulge  a  malignant  spirit  towards  the  accused, 
who  is  not  of  good  character,  who  is  himself  un- 
der censure  or  process,  who  is  deeply  interested  in 
any  respect  in  the  conviction  of  the  accused,  or 
who  is  known  to  be  litigious,  rash,  or  highly  im- 
prudent. 

X..  Any  prosecutor,  but  especially  the  prosecutor 
of  a  minister  of  the  gospel,  shall  be  joreviously 
warned,  that  if  he  fail  to  show  probable  cause  for  the 
charges,  he  must  himself  be  censured  as  a  slanderer 
of  the  brethren,  in  proportion  to  the  malignity  or 
rashness  that  shall  appear  in  the  prosecution. 


CHAPTEE  IV. 

OF    PROCESS. — GENERAL   PROVISIONS  APPLICABLE   TO 
*  ALL    CASES. 

I.  Origmal  jurisdiction  in  relation  to  ministers  per- 
tains to  the  Presbytery,  and  hi  relation  to  other 
church  members,  to  the  session.  But  the  higher 
courts  may  institute  process  in  cases  in  which  the 
courts  below  have  been  enjoined,  and  refused  or 
neglected  to  obey. 

II.  All  charges  shall  be  presented  in  writing,  in 
which,  if  possible,  times,  places,  and  circumstan- 
ces, shall  be  particularly  stated.  Nothing  further 
shall  be  done  at  the  first  meeting  of  the  judica- 
tory, unless  by  consent  of  parties,  than  to  give  the 


DISCIPLINE,  7 

accused  a  copy  of  the  charge,  together  with  the 
names  of  the  witnesses  then  known  to  support  each 
charge  specified  therein.  All  parties  shall  then  be 
cited  to  appear,  Avith  their  witnesses,  at  a  subsequent 
meeting  of  the  judicatory,  which  shall  not  be  sooner 
than  ten  days  after  each  citation. 

III.  At  the  second  meeting  of  the  judicatory,  the 
accused  shall  answer  in  writing.  If  he  confess,  or  if 
he  achnit  the  facts  charged,  hut  deny  that  they  constitute 
an  offence,  the  court,  after  hearing  the  parties,  may 
proceed  to  judgment.  But  if  he  deny  the  charges, 
the  trial  shall  proceed. 

IV.  The  citations  shall  be  issued  and  signed  by 
the  Moderator  or  Clerk.  He  shall  also  issue  citations 
to  such  Avitnesses  as  either  party  shall  nominate,  to 
appear  at  the  trial, 

V.  When  an  accused  person  refuses  to  obey  a  cita- 
tion, he  shall  be  cited  a  second  time,  and  this  second 
citation  shall  be  accompanied  with  a  notice  that  if  he 
do  not  appear  at  the  time  appointed,  unless  providen- 
tially hindered,  which  he  must  notify  to  the  court, 
he  will  be  dealt  with  for  his  contumacy.  If  he 
should  not  appear,  the  judicatory  may  appoint 
some  person  to  represent  him,  and  proceed  to 
trial  and  judgment  in  his  absence.  The  time 
allotted  for  his  appearance  on  any  citation  sub- 
sequent to  the  first,  is  left  to  the  discretion  of  the 
court,  but  it  shall  not  be  less  than  is  quite  sufficient 
for  a  reasonable  and  convenient  compliance  Avith  the 
citation. 

VI.  If  the  party  accused  shall  absent  himself,  or 
secrete  himself,  so  that  process  cannot  be  served  upon 
him,  the  judicatory  may  suspend  him  until  he  shall 
appear  and  answer  to  the  complaint  against  him. 

VII.  Judicatories,  before  proceeding  to  trial  or  to 
ultimate  measures  for  contumacy,  must  ascertain  that 
their  citations  have  been  duly  serAxd. 

VIII.  The  trial  shall  be  itxir  and  impartial.  The 
Avitnesses  shall  be  examined  in  the  presence  of  the 


■Pi»^ 


8  DISCIPLINE. 

accused,  or  at  least  after  lie  sliall  have  received  due 
notice  to  attend ;  and  the  parties  shall  be  permitted  to 
cross-examine  them,  and  to  ask  any  questions  perti- 
nent to  the  issue  to  be  tried.  After  the  testimony  is 
concluded,  the  parties  shall  be  heard. 

IX.  The  charges,  the  answer  if  there  be  one,  and 
the  judgment  shall  be  entered  on  the  records  of  the 
judicatory.  Minutes  of  the  trial  shall  he  kejit  hy  the 
clerk,  which  shall  exhibit  all  the  acts  and  orders  of  tlie 
judicatory  relatiny  to  the  cause,  and  all  the  testimony 
taken  or  jiroduced  before  it.  After  judgment  is  rendered, 
the  Clerk  shall,  without  delay,  attach  together  ^the 
charges,  the  answer  if  there  he  one,  the  citations  and 
returns  thereto,  and  the  minutes  herein  required  to  he 
kept,  on  whiclb  shall  he  engrossed  the  judgment  of  the 
court;  whicli  impers,  when  so  attached,  sliall  constitute 
the  record  of  the  cause;  and  in  case  of  a  removal  thereof, 
hy  apjjeal  or  complaint,  the  lower  court  shall  transmit 
the  original  record  to  the  higher  judicatory.  Nothing 
which  is  not  contained  in  the  record  shall  be  taken 
into  consideration  in  the  higher  court. 

X.  All  parties  shall  be  allowed  copies  of  the  record 
in  any  case,  at  their  own  expense,  and,  on  the  final 
disposition  of  a  cause  in  a  higher  court,  the  judicial 
record  shall  be  transmitted  to  the  court  in  which  the 
cause  originated. 

XI.  No  professional  counsel  shall  be  permitted  to 
appear  and  plead  in  cases  of  process  in  any  of  our 
ecclesiastical  courts;  but  an  accused  person  may,  if 
he  desires  it,  be  represented  by  any  communicating 
member  of  the  cliurch,  subject  to  the  jurisdiction  of 
the  court  before  which  he  appears.  The  person  so 
employed  shall  not  be  allowed,  after  pleading  the 
cause  of  the  accused,  to  sit  in  judgment  upon  the 
case. 

XII.  Questions  of  order,  which  arise  in  the  course 
of  process,  shall  be  decided  by  the  Moderator.  If 
an  appeal  be  taken  from  his  decision,  the  question 
on   the    appeal   shall,    if  any   member   of  the   court 


DISCIPLINE.  9 

demand  it,  be  taken  witliout  debate.  Questions  relat- 
ing to  evidence  shall  also  he  decided  by  the  Moderator  • 
hut  either  party,  or  any  member  of  the  court,  may 
demand  that  the  question  he  determined  by  the  ivho'le 
court.  All  decisions  made  during  the  course  of 
process  sliall  be  recorded,  if  either  party  desire  it. 


CHAPTER  V. 

SPECIAL   PROVISIONS    PERTAINING   TO    CASES   BEFORE 

SESSIONS. 

I.  As  cases  may  arise  in  which  it  is  impracticable 
to  commence  process  immediately  against  an  accused 
person,  the  Session  may,  in  such  cases,  if  they  think 
the  edification  of  the  church  require  it,  prevent  the 
accused  from  approaching  the  Lord's  table  until  the 
charges  against  him  can  be  examined. 

II.  AVhen  an  accused  person  has  been  twice  duly 
cited,  and  shall  refuse  to  appear  before  the  Session, 
or  appearing,  shall  wilfully  refuse  to  answer  the 
complaint  preferred  against  him,  he  shall  be  sus- 
pended from  the  communion  of  the  church  for  his 
contumacy,  and  this  sentence  shall  in  no  case  be  re- 
moved until  he  has  repented  of  his  contumacy,  and 
submits  himself  to  the  orders  of  the  court. 

III.  The  censures  to  be  inflicted  by  the  Session 
are  admonition,  rebuke,  suspension  from  the  com- 
munion of  the  church,  and  in  case  of  gross  and  flag- 
rant ofienders,  who  will  not  be  reclaimed  by  milder 
measures,  excommunication.  It  may  also  suspend 
or  depose  a  ruling  elder  from  his  office,  with  or  with- 
out suspension  from  the  communion  of  the  church,  as 
the  case  may  seem  to  require. 

IV.  The  sentence,  if  it  be  thought  expedient  to 
publish  it,  shall  be  published  only  in  the  church  or 
churches  which  have  been  offended,  otherwise  it 
shall  pass  only  in  the  court. 

B 


10  DISCIPLINE. 


CHAPTEE  YI. 

GENERAL   PROVISIONS  APPLICABLE    TO    THE    ACCUSA- 
TION  OR   TRIAL    OF   A    MINISTER, 

I.  As  tlie  lionoiir  and  success  of  the  gospel  depend 
in  a  great  measure  on  the  character  of  its  ministers, 
each  Presbytery  ought,  vnili  the  greatest  care  and 
impartiality,  to  watch  over  the  personal  and  profes- 
sional conduct  of  all  its  members.  But  as,  on  the 
one  hand,  no  minister  ought,  on  account  of  his  office, 
to  be  screened  from  the  hand  of  justice,  nor  his 
offences  to  be  slightly  censured,  so  neither  ought 
scandalous  charges  to  be  received  against  him  on 
slight  grounds. 

II.  As  it  is  the  duty  of  all  Christians  to  be  very 
cautious  in  taking  up  an  ill  report  of  any  man,  but 
especially  of  a  minister  of  the  gospel,  therefore,  if 
any  man  know  a  minister  to  be  guilty  of  a  private 
fault,  he  should  warn  him  in  private.  But  if  the 
guilty  person  persist  in  his  fault,  or  it  become  public, 
he  who  knows  it  should  apply  to  some  other  minister 
of  the  Presb^^tery  for  his  advice  in  the  case. 

III.  If  a  minister  shall  be  supposed  to  be  guilty 
of  an  offence  at  such  a  distance  from  his  usual  place 
of  residence,  as  that  the  offence  is  not  likely  to  be- 
come otherwise  known  to  the  Presbytery  to  which 
he  belongs,  it  shall,  in  such  case,  be  the  duty  of  the 
Presbytery  within  whose  bounds  the  facts  shall  have 
happened,  if  they  shall  be  satisfied  that  there  is  pro- 
bable ground  for  the  accusation,  to  send  notice  to 
the  Presbytery  of  which  he  is  a  member,  of  the 
nature  of  the  offence,  and  the  grounds  for  believing 
it ;  and  the  Presbytery,  on  receiving  such  notice,  may, 
if  they  think  the  honour  of  religion  requii'e  it,  pro- 
ceed against  him  as  in  the  cases  of  prosecution  by 
common  fame. 

IV.  If  a  minister  accused  of  an  offence  shall  refuse 


DISCIPLIXE.  11 

to  attend  the  Presbytery  after  being  tAvice  duly  cited 
to  appear  and  answer  tlie  accusations,  lie  sliall  be 
immediately  suspended  from  his  office ;  and  if,  after 
another  citation,  he  shall  wilfully  refuse  to  attend,  he 
shall  be  deposed  as  contumacious,  and  suspended 
from  the  communion  of  the  church. 

V.  If,  upon  trial,  a  minister  shall  be  found  guilty, 
he  shall  be  admonished,  rebuked,  suspended  from 
the  ministry,  deposed  with  or  without  de])rivation  of 
church  privileges,  or  excommunicated,  as  the  court 
shall  deem  fit. 

VI.  Heresy  and  schism  may  be  of  such  a  nature 
as  to  infer  deposition ;  but  errors  ought  to  be  care- 
fully considered,  whether  they  strike  at  the  vitals  of 
religion,  and  are  industriously  spread,  or  whether 
they  arise  from  the  weakness  of  the  human  under- 
standing, and  are  not  likely  to  do  much  injury. 

VII.  If  the  Presbytery  find,  on  trial,  that  the 
matter  complained  of  amounts  to  no  more  than  such 
acts  of  infirmity  as  may  be  amended  and  the  peo]ile 
satisfied,  so  that  little  or  nothing  remains  to  hinder 
his  usefulness,  they  shall  take  all  prudent  measures 
to  remove  the  oft'ence. 

VIII.  A  minister  deposed  for  scandalous  conduct 
shall  not  be  restored,  even  on  the  deepest  sorrow  for 
his  sin,  until  after  some  time  of  eminent  and  exem])lary, 
humble  and  edifying  conversation,  to  heal  the  wound 
made  by  his  scandal ;  and  •  he  ought  in  no  case  to  be 
restored  until  it  shall  appear  that  the  sentiments  of 
the  religious  public  are  strongly  in  his  favour,  and 
demand  his  restoration,  and  then  only  by  the  judica- 
tory inflicting  the  censure,  or  by  its  advice  and 
consent. 

IX.  As  soon  as  a  minister  is  deposed,  his  congre- 
gation  shall  be  declared  vacant;    but  when   he  is 
suspended,    it   shall  be  left  to  the  direction  of  the 
Presbytery  whether  his   congregation  shall  be   de-  ' 
clared  vacant. 


J 


12  DISCIPLINE. 

CHAPTER  YII. 

OF    CASES   WITHOUT   PEOCESS. 

I.  lu  cases  in  wliicli  an  individual  commits  an  of- 
fence in  the  presence  of  the  court,  or  comes  forward 
as  his  own  accuser  and  makes  known  his  offence  to 
the  court,  it  is  competent  to  the  court  to  proceed  to 
judgment  without  process;  the  offender  always  hav- 
ing the  privilege  of  being  fully  heard;  and  in  the 
first  case  named,  if  he  requests  it,  there  sliall  be  at 
least  two  days  of  delay  before  judgment.  The  record 
of  the  transaction  must  show  the  nature  of  the 
offence,  as  well  as  the  judgment  of  the  court,  and  the 
reasons  thereof. 

II.  There  being  in  these  cases  no  accuser,  should 
the  Sentence  be  appealed  from,  any  communicating 
member  of  the  church,  subject  to  the  jurisdiction  of 
the  same  court  with  the  appellant,  may  be  appointed 
to  defend  the  sentence,  and  shall  be  the  appellee  in 
the  case. 

III.  In  cases  in  which  a  communicating  member 
of  the  church  shall  state  in  open  court  that  he  is  per- 
suaded in  conscience  that  he  is  not  converted,  and 
has  no  right  to  come  to  the  Lord's  table,  the  Session 
shall  use  all  proper  means  for  producing  a  change 
in  his  views  of  duty  and  right ;  and  if  they  fail,  and 
lie  continues  to  believe  that  it  is  not  his  duty  to 
come  to  the  Lord's  table,  they  may  allow  him  to 
abstam,  until  he  shall  obtain  satisfactory  evidence  of 
his  warrant  to  partake  of  such  a  privilege. 

IV.  If  a  communicating  member  of  a  church  re- 
move out  of  the  bounds  of  the  congregation  to  which 
he  belongs,  without  asking  or  receiving  a  regular 
certificate  of  dismission  to  another  church,  and  if  his 
residence  shall  be  known,  the  Session  shall  within 
two  years  advise  him  to  apply  for  such  certificate; 
and  if  he  shall  decline  or  neglect  to  do  so  without 
alleging  sufficient  reasons,  his  name  shall  be  stricken 


DISCIPLIXE.  13 


V 

\ 


from  the  roll,  and  the  fact  recorded  m  the  minutes  of 
the  Session ;  and  if  any  member  shall  so  remove,  and 
his  residence  shall  not  be  known  to  the  session  for 
the  space  of  three  years,  his  name  shall  be  erased 
from  the  roll,  and  the  fact  recorded.  And  all  such 
names  shall  be  inserted  in  a  separate  list,  with  a 
suitable  note  or  memorandum,  indicating  the  rela- 
tion of  such  members  to  the  church.  And  if,  in  the 
case  of  members  removing  without  the  bounds,  as 
aforesaid,  the  Session  should  be  satisfied  that  they 
are  living  in  neglect  of  their  Christian  obligations, 
and  their  residences  should  be  uncertain,  or  too  re- 
mote for  the  institution  of  regular  process,  their 
name  shall  be  erased  from  the  roll  of  the  church ;  the 
effect  of  which  is  to  suspend  them  from  the  commu- 
nion of  the  church  until  proper  satisfaction  is  given  ^ 
in  their  case. 

V.  When  a  member,  elder,  or  minister,  renounces 
the  communion  of  the  Presbyterian  Church,  by  join- 
ing another  denomination,  without  a  regular  dismis- 
sion, if  it  be  evangelical,  and  he  be  in  good  standing, 
the  irregularity  shall  be  recorded,  and  his  name 
erased.  If,  on  the  other  hand,  charges  are  pending 
against  him,  those  charges  may  be  prosecuted.  Ii 
the  denomination  be  heretical,  he  may  be  suspended, 
excommunicated,  or  deposed,  without  trial. 


CHAPTEE    VIII. 

OF   EVIDEXCE. 

I.  Judicatories  ought  to  be  very  careful  and  im- 
partial in  receiving  testimony.  All  persons  are  not 
competent  as  witnesses ;  and  all  who  are  competent  are 
not  credible. 

II.  All  persons,  whether  parties  or  otherwise,  are 
competent  witnesses,  except  such  as  do  not  believe  in 

c 


14  DISCIPLINE. 

the  existence  of  God,  or  a  future  state  of  rewards  and 
punisliments,  or  liave  not  sufficient  intelligence  to 
understand  the  obligation  of  an  oath.  Either  party 
has  a  right  to  challenge  a  witness  whom  he  believes 
to  be  incompetent,  and  the  court  shall  examine  and 
decide  upon  his  competency. 

III.  The  credibility  of  a  witness,  or  the  degree  of 
credit  due  to  his  testimony,  may  be  affected  by  rela- 
tionship to  any  of  the  parties;  by  interest  in  the 
result  of  the  trial ;  by  want  of  proper  age ;  by  weak- 
ness of  understanding;  by  infamy  of  cjiaracter;  by 
being  under  church  censure;  by  general  rashness, 
indiscretion,  or  malignity,  of  character ;  and  by  what- 
ever circumstances  appear  to  the  judicatory  to  affect 
his  veracity,  his  knowledge,  or  his  interest  in  the 
case  on  trial. 

IV.  A  husband  or  wife  shall  not  be  compelled  to 
bear  testimony  against  each  other  in  any  judicatory. 

V.  The  testimony  of  more  than  one  witness  is 
necessary  in  order  to  establish  any  charge;  yet  if 
several  credible  witnesses  bear  testimony  to  different 
similar  acts,  or  to  confirmatory  circumstances,  be- 
longing to  the  same  general  charge,  the  crime  may 
be  considered  as  proved. 

VI.  No  witness,  afterward  to  be  examined,  except 
a  member  of  the  judicatory,  shall  be  present  during 
the  examination  of  another  witness  on  the  same  case, 
unless  by  consent  of  parties. 

VII.  To  prevent  confusion,  witnesses  shall  be  ex- 
amined first  by  the  party  introducing  them;  then 
cross-examined  by  the  opposite  party ;  after  which 
any  member  of  the  judicatory,  or  either  party,  may 
put  additional  interrogatories.  The  Court  shall  not 
permit  frivolous  questions,  or  questions  irrelevant  to 
the  charge  at  issue. 

VIII.  The  oath  or  affirmation  to  a  witness  shall  be 
administered  by  the  Moderator,  in  the  following  or 
like  terms:  "You  solemnly  promise,  in  the  presence 
of  the  omniscient  and  heart-searching  God,  that  you 


DISCIPLINE.  15 

will  declare  the  truth,  the  whole  truth,  and  nothing  \ 

but  the  truth,  according  to  the  best  of  your  know- 
ledge, in  the  matter  in  which  you  are  called  to  wit- 
ness, as  you  shall  answer  to  the  great  Judge  of  quick 
and  dead."  If,  however,  at  any  time  a  witness  should 
present  himself  before  a  judicatory,  who,  for  con- 
scientious reasons,  prefers  to  swear  or  affirm  in  any 
other  manner,  he  shall  be  allowed  to  do  so. 

IX.  Every  question  put  to  a  witness  shall,  if  re- 
quired, be  reduced  to  writing.  When  answered,  it 
shall,  together  with  the  answer,  be  recorded,  if  deem- 
ed by  either  party  of  sufficient  importance. 

X.  The  records  of  a  judicatory,  or  any  part  of 
them,  whether  original  or  transcribed,  if  regularly 
authenticated  by  the  Moderator  and  Clerk,  or  either 
of  them,  shall  be  deemed  good  and  sufficient  evi- 
dence in  every  other  judicatory. 

XI.  In  like  manner,  testimony  taken  by  one  judi- 
catory, and  regularly  certified,  shall  be  received  by 
every  other  judicatory,  as  no  less  valid  than  if  it  had 
been  taken  by  themselves. 

XII.  Any  judicatory  before  which  a  cause  may  be 
pending,  shall  have  power,  whenever  the  conveni- 
ence of  parties  or  of  witnesses  shall  require  it,  on  the 
application  of  either  party,  to  appoint  a  commission 
to  examine  witnesses.  The  testimony  should  be 
taken  in  the  same  manner  as  is  required  when  taken 
in  the  court.  Such  notice  as  the  court  appointing 
the  commission  may  direct,  shall  be  given  of  the 
time  when,  and  place  where,  the  witnesses  will  be 
examined.  The  depositions  when  taken,  shall  be 
authenticated  by  the  signatures  of  the  commissioners, 
sealed  up  by  them,  and  transmitted  to  the  clerk  of  the 
judicatory  before  which  the  cause  is  pending.  The 
commissioners  so  appointed  shall  take  such  testi- 
mony as  may  be  offered  by  either  party.  The  ques- 
tions as  to  the  relevancy  or  competency  of  the  testi- 
mony so  taken,  shall  be  determined  by  the  court 
when  it  is  offered  on  the  trial. 


16  DISCIPLINE. 

XIII.  A  member  of  the  judicatory  may  be  called 
upon  to  bear  testimony  in  a  case  wliicli  comes  be- 
fore it.  He  stall  be  qualified  as  other  witnesses 
are ;  and,  after  having  given  his  testimony,  he  may 
immediately  resume  his  seat  as  a  member  of  the 
judicatory. 

XIV.  A  member  of  the  church  summoned  as  a 
witness,  and  refusing  to  appear,  or,  having  appeared, 
refusing  to  give  testimony,  may  be  censured  for 
contumacy,  according  to  the  circumstances  of  the 
case. 

XY.  The  testimony  given  by  witnesses  must  be 
faithfully  recorded  and  read  to  them,  for  their  appro- 
bation and  subscription. 

XVI.  If,  after  a  trial  before  any  judicatory,  new 
testimony  be  discovered,  which  is  supposed  to  be 
highly  important  to  the  exculpation  of  the  accused, 
it  is  proper  for  him,  if  the  case  has  not  been  ap- 
pealed, to  ask,  and  for  the  judicatory  to  grant,  a  new 
trial. 

XVII.  If,  in  the  prosecution  of  an  appeal,  new 
testimony  is  offered,  which,  in  the  judgment  of  the 
appellate  court,  has  an  important  bearing  on  the 
case,  it  shall  be  competent  to  the  court  to  refer  the 
cause  to  the  inferior  judicatory  for  a  new  trial ;  or, 
with  the  consent  of  parties,  to  take  the  testimony  and 
issue  the  case. 


CHAPTEE  IX. 

OF  THE  VARIOUS  WAYS  IN  WHICH  A  CAUSE  MAY 
BE  CARRIED  FROM  A  LOWER  TO  A  HIGHER  JUDI- 
CATORY. 

I.  In  all  governments  conducted  by  men,  wrong 
may  be  done,  from  ignorance,  from  prejudice,  from 
malice,  or  from  other  causes.     To  prevent  the  con- 


s 


DISCIPLINE.  17 

tinned  existence  of  this  wrong,  is  one  great  design  of 

superior  judicatories.     And  although  there  must  be 

a  last  resort,  beyond  which  there  is  no  appeal ;  yet 

the  security   against   permanent  wrong  will   be   as  \ 

great  as  the  nature  of  the  case  admits,  when  those 

who  had  no  concern  in  the  origin  of  the  proceedino-g, 

are  brought  to  review  them,  and  to  annul  or  confirm 

them,  as  they  see  cause ;  when  a  greater  number  of 

counsellors  are  made  to  sanction  the  judgments,  or 

to  correct  the  errors  of  a  smaller;  and,  finally,  when 

the  whole  church  is  called  to  sit  in  judgment  on  the 

acts  of  a  part. 

II.  Every  kind  of  decision  which  is  formed  in  any 
church  judicatory,  except  the  highest,  is  subject  to 
the  review  of  a  superior  judicatory  as  herein  pro- 
vided, and  may  be  carried  before  it  in  one  or  the 
other  of  the  four  following  ways,  to  wit:  general 
review  and  control,  reference,  appeals,  or  com- 
plaints. 

III.  When  a  matter  is  transferred  in  any  of  these 
ways  from  an  inferior  to  a  superior  judicatory,  the 
inferior  judicatory  shall,  in  no  case,  be  considered  a 
party;  nor  shall  its  members  lose  their  right  to  sit, 
deliberate,  and  vote,  in  the  higher  courts. 

SECTION  I. 

GENERAL      REVIEW      AND      CONTROL. 

I.  It  is  the  duty  of  every  judicatory  above  a 
church  session,  at  least  once  a  year,  to  review  the 
records  of  the  proceedings  of  the  judicatory  next 
below.  And  if  any  lower  judicatory  shall  omit  to 
send  up  its  records  for  this  purpose,  the  higher  may 
issue  an  order  to  produce  them,  either  immediately, 
or  at  a  particular  time,  as  circumstances  may  re- 
quire. 

II.  In  reviemng  the  records  of  an  inferior  judica- 
tory, it  is  proper  to  examine.  First,  Whether  the 
proceedings  have  been  constitutional  and  regular: 


18  DISCIPLINE. 

Secondly,  Whether  they  have  been  wise,  equitable, 
and  for  the  edification  of  the  church :  Thirdly,  Whe- 
ther they  have  been  correctly  recorded. 

III.  In  most  cases,  the  superior  judicatory  may  be 
considered  as  fulfilling  its  duty,  by  simply  recording, 
on  its  own  minutes,  the  animadversion  or  censure 
which  it  may  think  proper  to  pass  on  records  under 
review ;  and  also  by  making  an  entry  of  the  same  in 
the  book  reviewed.  But  it  may  be  that,  in  the 
course  of  review,  cases  of  irregular  proceedings  may 
be  found  so  disreputable  and  injurious  as  to  demand 
the  interference  of  the  superior  judicatory.  In  cases 
of  this  kind  the  inferior  judicatory  may  be  required 
to  review  and  correct  its  proceedings. 

IV.  No  judicial  decision,  however,  of  a  judicatory 
shall  be  reversed,  unless  it  be  regularly  brought  up 
by  appeal  or  complaint. 

V.  Judicatories  may  sometimes  entirely  neglect  to 
perform  their  duty,  by  which  neglect  heretical  opin- 
ions or  corrupt  practices  may  be  allowed  to  gain 
ground;  or  offenders  of  a  very  gross  character  may 
be  suffered  to  escape ;  or  some  circumstances  in  their 
proceedings,  of  very  great  irregularity,  may  not  be 
distinctly  recorded  by  them.  In  any  of  which  cases, 
their  records  mil  by  no  means  exhibit  to  the  superior 
judicatory  a  full  view  of  their  proceedings.  If,  there- 
fore, the  superior  judicatory  be  well  advised,  by  com- 
mon fame,  that  such  neglects  or  irregularities  have 
occurred  on  the  part  of  the  inferior  judicatory,  it  is 
incumbent  on  them  to  take  cognizance  of  the  same ; 
and  to  examine,  deliberate,  and  judge  in  the  whole 
matter,  as  completely  as  if  it  had  been  recorded,  and 
thus  brought  up  by  the  review  of  the  records. 

YI.  When  any  important  delinquency,  or  grossly 
unconstitutional  proceeding,  appears  in  the  records 
of  any  judicatory,  or  is  charged  against  them  by 
common  fame,  or  by  a  memorial,  with  or  without  pro- 
test, the  first  step  to  be  taken  by  the  judicatory  next 
above,  if  it  is  thought  expedient  to  proceed  at  ally  is 


DISCIPLINE.  19 

to  cite  tlie  judicatory  alleged  to  have  offended,  to 
appear  at  a  specified  time  and  place,  and  to  show 
what  it  has  done,  or  failed  to  do,  in  the  case  in  ques- 
tion: after  which  the  judicatory  thus  issuing  the 
citation  shall  remit  the  Avhole  matter  to  the  delin- 
quent judicatory,  with  a  direction  to  take  it  up,  and 
dispose  of  it  in  a  constitutional  maimer,  or  stay  all 
further  proceeding  in  the  case,  as  circumstances  may 
require. 

SECTION  II. 

OF      EEFERENCES. 

I.  A  reference  is  a  judicial  representation,  made 
hy  an  inferior  judicatory  to  a  superior,  of  a  matter 
not  yet  decided ;  which  representation  ought  always 
to  be  in  writing. 

II.  Cases  which  are  ncAV,  important,  difficult,  or  of 
peculiar  delicac}^,  the  decision  of  which  may  establish 
principles  or  precedents  of  extensive  influence,  on 
which  the  sentiments  of  the  inferior  judicatory  are 
greatly  divided,  or  on  which,  for  any  reason,  it  is 
highly  desirable  that  a  larger  body  should  first  de 
cide,  are  proper  subjects  of  reference. 

III.  References  are  either  for  mere  advice,  pre- 
paratory to  a  decision  by  the  inferior  judicatory ;  or 
for  ultimate  trial  and  decision  by  the  superior. 

lY.  In  the  former  case,  the  reference  only  susjiends 
the  decision  of  the  judicatory  from  which  it  comes: 
in  the  latter  case,  it  totally  relinquishes  the  decision, 
and  submits  the  whole  cause  to  the  final  judgment  of 
the  superior  judicatory. 

V.  Although  references  may  in  some  cases,  as 
before  stated,  be  highly  proper,  yet  it  is,  generally 
speaking,  more  conducive  to  the  public  good,  that 
each  judicatory  should  fulfil  its  duty  by  exercising 
its  judgment. 

VI.  Although  a  reference  ought,  generally,  to  pro- 
cure advice  from  the   superior  judicatory,  yet  that 


20  DISCIPLINE. 

judicatory  is  not  necessarily  bound  to  give  a  final 
judgment  in  tlie  case,  even  if  requested  to  do  so;  but 
may  remit  the  whole  cause,  either  with  or  without 
advice,  back  to  the  judicatory  by  which  it  was 
referred. 

VII.  Eeferences  are  to  be  carried  to  the  judicatory 
immediately  superior. 

VIII.  In  cases  of  reference,  the  judicatory  refer- 
ring ought  to  have  all  the  testimony,  and  other  docu- 
ments, duly  prepared,  produced,  and  in  perfect  readi- 
ness; so  that  the  superior  judicatory  may  be  able  to 
consider  and  issue  the  case  with  as  little  difficulty  or 
delay  as  possible. 

SECTION  III. 

OFAPPEALS. 

I.  An  appeal  is  the  removal  of  a  case,  already  de- 
cided, from  an  inferior  to  a  superior  judicatory,  the 
peculiar  effect  of  which  is  to  arrest  all  proceedings 
under  the  decision,  until  the  matter  is  finally  decided 
in  the  last  court.  It  is  allowable  in  two  classes  of 
cases :  1st.  In  all  judicial  cases,  by  the  party  to  the 
cause,  against  whom  the  decision  is  made.  2d.  In 
other  cases,  when  the  action  or  decision  of  the  judi- 
dicatory  has  inflicted,  or  may  inflict,  an  injury  or 
wrong  upon  any  party  or  persons,  which  cannot  be 
remedied  by  a  reversal  of  the  decision,  he,  or  they, 
or  any  minority,  consisting  of  not  less  than  one- 
fourth  of  the  minority  voting,  may  appeal. 

II.  In  cases  of  judicial  process,  those  who  have 
not  submitted  to  a  regular  trial  are  not  entitled  to 
appeal. 

III.  Any  irregularity  in  the  proceedings  of  the 
inferior  judicatory;  a  refusal  of  reasonable  indul- 
gence to  a  party  on  trial ;  declining  to  receive  im- 
portant testimony ;  hurrying  to  a  decision  before  the 
testimony  is  fully  taken;  a  manifestation  of  prejudice 
in  the  case;  and  mistake  or  injustice  in  the  decision 
— are  all  proper  grounds  of  appeal. 


DISCIPLINE.  21 

lY.  Every  appellant  is  bound  to  give  notice  of 
bis  intention  to  appeal,  and  also  to  lay  tbe  reasons 
tbereof,  in  writing,  before  the  judicatory  appealed 
from,  eitber  before  its  rising,  or  witliin  ten  days  tbcre- 
after.  If  tbis  notice,  or  tbese  reasons,  be  not  given  to 
tbe  judicatory  wbile  in  session,  tbey  sball  be  lodged 
witb  tbe  Moderator  or  Stated  Clerk. 

y.  Appeals  are  to  be  carried  in  regular  gradation, 
from  an  inferior  judicatory  to  tbe  one  immediately 
superior.  But  tbere  sball  be  only  one  appeal,  as  to 
matters  of  fact,  wben  tbe  first  appellate  court  agrees 
witb  tbe  original  court  in  finding  and  stating  tbe 
facts.  Wben  a  case  originates  in  tbe  Session,  and 
tbe  Presbytery  disagrees  witb  tbe  Session,  as  to  tbe 
facts,  an  appeal  may  be  taken,  botb  in  law  and 
fact,  to  tbe  Sj^nod,  wbere  tbe  finding  and  statement 
of  facts  sball  be  final.  Only  errors  in  principle, 
and  irregularities  in  order,  sball  be  carried  by 
appeal  to  tbe  General  Assembly;  except  in  trials 
for  beresy,  in  wbicb  tbe  record  of  facts  must  go  up 
for  trial  tbrougb  tbe  wbole  gradation  of  appeals. 

YI.  Tbe  appellant  sball  lodge  bis  appeal,  and  tbe 
reasons  of  it,  witb  tbe  Clerk  of  tbe  bigber  judicatory, 
before  tbe  close  of  tbe  second  day  of  tbeir  session ; 
and  tbe  appearance  of  tbe  appellant  and  a})pellee 
sball  be  eitber  personal  or  in  writing. 

YII.  In  taking  up  an  appeal  in  judicial  cases, 
after  ascertaining  tbat  tbe  •  appellant,  on  bis  part,  bas 
conducted  it  regularly,  i\ie  first  step  sball  be  to  read 
all  tbe  records  in  tbe  case  from  tbe  beginning,  except 
so  far  as  any  part  may  be  omitted  by  consent  of  tbe 
parties ;  and  except  tbe  evidence,  wben  tbe  facts  are 
not  allowed  to  be  tbe  ground  of  furtber  appeal;  tbe. 
second,  to  bear  tbe  parties,  first  tbe  appellant,  tben  tbe 
appellee ;  tbe  third,  to  bear  any  member  of  tbe  appel- 
late court  wbo  may  desire  to  express  bis  opinion; 
after  wbicb  tbe  final  vote  sball  be  taken,  by  callmg 
tbe  roll  A  committee  sball  tben  be  appointed  to 
bring  in  a  minute,  expressing  tbe  judgment  of  tbe 


22  DISCIPLINE. 

court,  and  tlie  reasons  thereof.  In  all  appeals  in  cases 
not  judicial,  tlie  order  of  proceeding  shall  be  tlie 
same  as  in  cases  of  complaints,  substituting  appellant 
for  complainant. 

VIII.  The  parties  denominated  appellant  and 
appellee  are  the  accuser  and  the  accused  who  com- 
menced the  process.  The  appellant,  whether  origin- 
ally accuser  or  accused,  is  the  party  that  makes  the 
appeal;  the  appellee,  whether  originally  accuser  or 
accused,  is  the  party  to  whom  the  decision  ai)pealed 
from  has  been  fayourable. 

IX.  The  decision  may  be  either  to  confirm  or 
reverse,  in  whole,  or  in  part,  the  decision  of  the  in- 
ferior judicatory ;  or  to  remit  the  cause,  for  the  pur- 
pose of  amending  the  record,  should  it  appear  to  be 
incorrect  or  defective ;  or  for  a  new  trial. 

X.  If  an  appellant,  after  entering  his  appeal  to  a 
superior  judicatory,  fail  to  prosecute  it,  it  shall  be 
considered  as  abandoned,  and  the  sentence  appealed 
from  shall  be  final.  And  an  appellant  shall  be  con- 
sidered as  abandoning  his  appeal,  if  he  do  not  appear 
before  the  judicatory  appealed  to,  on  the  first  or 
second  day  of  its  meeting  next  ensuing  the  date  of 
his  notice  of  appeal;  except  in  cases  in  which  the 
appellant  can  make  it  appear  that  he  was  prevented 
from  seasonably  prosecuting  his  appeal  by  the  provi- 
dence of  Go(L 

XI.  If  an  appellant  is  found  to  manifest  a  litigious 
or  other  unchristian  spirit  in  the  prosecution  of  his 
appeal,  he  shall  be  censured  according  to  the  degree 
of  his  oftence. 

XIL  The  necessary  operation  of  an  appeal  is,  to 
suspend  all  further  proceedings  on  the  ground  of  the 
sentence  appealed  from.  But  if  a  sentence  of  suspen- 
sion or  excommunication  from  church  privileges,  or 
of  deposition  from  office,  be  the  sentence  apjiealed 
from,  it  shall  be  considered  as  in  force  until  the 
appeal  shall  be  issued. 

XIII.  It  shall  always  be  deemed  the  duty  of  the 


DISCIPLINE.  23 

judicatory  whose  judgment  is  appealed  from,  to  send 
all  their  records  relating  to  the  matter  of  the  appeal. 
And  if  any  judicatory  shall  neglect  its  duty  in  this 
respect,  especially  if  thereby  an  appellant,  who  has 
conducted  with  regularity  on  his  part,  is  deprived  of 
the  privilege  of  having  his  appeal  seasonably  issued ; 
such  judicatory  shall  be  censured  according  to  the 
circumstances  of  the  case,  and  the  sentence  appealed 
from  shall  be  suspended  until  a  record  is  produced, 
upon  which  the  issue  can  be  fairly  tried. 

XIV.  In  judicial  cases  an  appeal  shall  in  no 
case  be  allowed  except  by  one  of  the  original 
parties. 

SECTION  IV. 

OF      COMPLAINTS. 

I.  Another  method  by  which  a  cause  which  has 
been  decided  by  an  inferior  judicatory,  may  be  car- 
ried before  a  superior,  is  by  complaint. 

II.  A  complaint  is  a  representation  made  to  a 
superior,  by  any  member  or  members  of  a  minority 
of  an  inferior  judicatory,  or  by  any  other  person  or 
persons,  respecting  a  decision  by  an  inferior  judica- 
tory, which,  in  the  opinion  of  the  complainants,  has 
been  irregularly  or  unjustly  made. 

III.  The  cases  in  which  complaints  are  proper  and 
advisable,  are  all  those  cases  of  grievance,  whether 
judicial  or  not,  in  which  the  party  aggrieved  has 
declined  to  appeal ;  and  all  other  cases  in  which  the 
party  complaining  is  persuaded  that  the  purity  of 
the  church,  or  the  interests  of  truth  and  righteous- 
ness, are  injuriously  affected  by  the  decision  com- 
plained of. 

IV.  Notice  of  a  complaint  in  cases  not  judicial 
shall  always  be  given  before  the  rising  of  the  judica- 
tory, or  within  ten  days  thereafter,  as  in  case  of  an 
appeal:  and  in  judicial  cases,  within  twenty  days 
after  the  time  for  appealing  has  expired. 


24  DISCIPLINE. 

V.  In  taking  up  a  complaint,  after  ascertaining 
tliat  the  complainant  has  conducted  it  regularly,  the 
first  step  shall  be  to  read  all  the  records  in  the  case; 
the  second  to  hear  the  complainant,  and  then  the 
court  shall  proceed  to  consider  and  decide  the  case. 

VI.  The  effect  of  a  complaint  in  cases  not  judi- 
cial, if  sustained,  may  be  to  reverse  the  decision  com- 
plained of  in  whole  or  in  part,  and  to  place  matters 
in  the  same  situation  in  which  they  were  before  the 
decision  was  made.  In  judicial  cases,  the  decision  of 
a  complaint  shall  not  affect  the  judgment  complained 
of;  but  shall  control  the  principles  involved  in  that 
judgment. 

VII.  In  judicial  cases,  a  complaint  shall  be  admit- 
ted only  where  an  aggrieved  party  has  declined  to 
appeal;  and  in  judicial  cases  an  aggrieved  party 
shall"  not  be  allowed  to  complain. 


CHAPTEE  X. 

OF   DISSENTS  AND   PROTESTS. 

I.  A  dissent  is  a  declaration  on  the  part  of  one  or 
more  members  of  a  minority,  in  a  judicatory,  ex- 
pressing a  different  opinion  from  that  of  the  majority 
in  a  particular  case.  A  dissent,  unaccompanied  with 
reasons,  is  always  entered  on  the  records  of  the  judi- 
catory. 

II.  A  protest  is  a  more  solemn  and  formal  decla- 
ration, made  by  members  of  a  minority  as  before- 
mentioned,  bearing  their  testimony  against  what  they 
deem  a  mischievous  or  erroneous  judgment;  and  is 
generally  accompanied  with  a  detail  of  the  reasons 
on  which  it  is  founded. 

III.  If  a  protest  or  dissent  be  couched  in  respect- 
ful language,  and  contains  no  offensive  reflections  or 
insinuations  against  the  majority  of  the  judicatory, 


DISCIPLINE.  25 

those  wlio  offer  it  liave  a  rit'lit  to  have  it  recorded  on 

O 

the  minutes. 

IV.  A  dissent  or  protest  may  be  accompanied  with 
a  complaint  to  a  superior  judicatory,  or  not,  at  the 
pleasure  of  those  who  offer  it.  If  not  thus  accompa- 
nied, it  is  simply  left  to  speak  for  itself,  when  the 
records  containing  it  come  to  be  reviewed  by  the 
superior  judicatory. 

V.  It  may  sometimes  happen  that  a  protest,  though 
not  infringing  the  rules  of  decorum,  either  in  its  lan- 
guage or  matter,  may  impute  to  the  judicatory,  Avhose 
judgment  it  opposes,  some  principles  or  reasonings 
which  it  never  adopted.  In  this  case  the  majority  of 
the  judicatory  may  with  propriety  appoint  a  commit- 
tee to  draw  up  an  answer  to  the  protest,  which,  after 
being  adopted  as  the  act  of  the  judicatory,  ought  to 
be  inserted  on  the  records. 

VI.  When,  in  such  a  case,  the  answer  of  the  ma- 
jority is  brought  in,  those  who  entered  their  protest 
may  be  of  the  opinion  that  fidelity  to  their  cause 
calls  upon  them  to  make  a  reply  to  the  answer. 
This,  hoAvever,  ought  by  no  means  to  be  admitted; 
as  the  majority  might,  of  course,  rejoin,  and  litiga- 
tion might  be  perpetuated,  to  the  great  inconvenience 
and  disgrace  of  the  judicatory. 

VII.  When,  however,  those  who  have  protested 
consider  the  answer  of  the  majority  as  imputing  to 
them  opinions  or  conduct  which  the}^  disavow,  the 
proper  course  is,  to  ask  leave  to  take  back  their  pro- 
test, and  modify  it  in  such  manner  as  to  render  it 
more  agreeable  to  their  views.  This  alteration  may 
lead  to  a  corresponding  alteration  in  the  answer  of 
the  majority;  with  which  the  whole  affair  ought  to 
terminate. 

VIII.  None  can  join  in  a  protest  against  a  decision 
of  any  judicatory,  excepting  those  who  had  a  right 
to  vote  in  said  decision. 


26  DISCIPLINE. 

CHAPTER  XI. 

JURISDICTION. 

I.  AVlien  a  member  shall  be  dismissed  from  oue 
church,  with  a  view  to  his  joining  another,  if  he  com- 
mit an  ofience  pre\^ons  to  his  joining  the  latter,  he 
shall  be  considered  as  nnder  the  jurisdiction  of  the 
church  which  dismissed  him,  and  amenable  to  it,  up 
to  the  time  when  he  actually  becomes  connected 
with  that  to  which  he  was  dismissed  and  recom- 
mended. 

II.  The  same  principle  applies  to  a  minister,  who 
is  always  to  be  considered  as  remaining  under  the 
jurisdiction  of  the  Presbytery  which  dismissed  him, 
until  he  actually  becomes  a  member  of  another.  _ 

III.  If,  however,  either  a  minister  or  a  private 
member  shall  be  charged  with  a  crime  which  appears 
to  have  been  committed  during  the  interval  between 
the  date  of  his  dismission  and  his  actually  joining 
the  new  body,  but  which  did  not  come  to  light  until 
after  he  had  joined  the  new  body,  that  body  shall  be 
empowered  and  bound  to  conduct  the  process  against 
him. 

IV.  No  Presbytery  shall  dismiss  a  minister,  or 
licentiate,  or  candidate  for  licensure,  without  specify- 
ing the  particular  Presbytery  or  other  ecclesiastical 
body  with  which  he  is  to  be  connected. 


CHAPTER  XII. 

REMOVAL   OF   MEMBERS  AND   LIMITATION   OF  TIME. 

I.  When  any  member  shall  remove  from  one  con- 
gregation to  another,  he  shall  produce  satisfactory 
testimonials  of  his  church  membership  and  dismis- 
sion, before  he  be  admitted  as  a  rcguLir  uiem1)er  of 
that  church ;  unless  the  church  to  wliicii  he  reuioves 


DISCIPLINE.  27 

has  other  satisfactory  means  of  information.  If  he 
be  a  parent,  the  certificate  shall  contain  the  names  of 
his  baptized  children,  who  are  members  of  his  house- 
hold at  the  time ;  which  certificate  shall  be  considered 
as  transferring  them  to  the  care  of  the  church  to 
which  the  certificate  is, addressed. 

II.  No  certificate  of  church  membership  shall  be 
considered  as  valid  testimony  of  the  good  standing 
of  the  bearer,  if  it  be  more  than  one  year  old,  except 
where  there  has  been  no  opportunity  of  presenting  it 
to  a  church. 

III.  When  persons  remove  to  a  distance,  and 
neglect,  for  a  considerable  time,  to  apply  for  testimo- 
nials of  dismission,  and  good  standing,  the  testimo- 
nials given  them  shall  testify  to  their  character  only 
up  to  the  time  of  their  removal,  unlass  the  judica- 
tory have  good  information  of  a  more  recent  date. 

IV.  If  a  church  member  has  been  more  than  two 
years  absent  from  the  place  of  his  ordinary  residence 
and  ecclesiastical  connections,  if  he  apply  for  a  certi- 
ficate of  membership,  his  absence,  and  the  ignorance 
of  the  church  respecting  his  demeanor  for  that  time, 
shall  be  distinctly  stated  in  the  certificate. 

V.  Process,  in  case  of  scandal,  shall  commence 
within  the  space  of  one  year  after  the  crime  shall 
have  been  committed;  unless  it  shall  have  recently 
become  flagrant.  It  may  happen,  however,  that  a 
church  member,  after  removing  to  a  place  far  dis- 
tant from  his  former  residence,  and  Avhere  his  connec- 
tion with  the  'church  is  unknown,  may  commit  a 
crime,  on  account  of  which  process  cannot  be  insti- 
tuted within  the  time  above  specified.  In  all  such 
cases,  the  recent  discovery  of  the  church  membership 
of  the  individual,  shall  be  considered  as  equivalent 
to  the  crime  itself  having  recently  become  flagrant. 
The  same  principle  also  applies  to  ministers,  if  simi- 
lar circumstances  should  occur. 


GENERAL  RULES  FOR  JUDICATORIES.* 

[The  modifications  and  new  rules  are  in  italic] 

1.  The  Moderator  shall  take  the  chair  precisely  at 
the  hour  to  which  the  judicatory  stands  adjourned; 
shall  immediately  call  the  members  to  order;  and,  on 
the  appearance  of  a  quorum,  shall  open  the  session 
with  prayer. 

2.  If  a  quorum  be  assembled  at  the  hour  appointed, 
and  the  Moderator  be  absent,  the  last  Moderator  pre- 
sent, as  a  member  of  the  body,  shall  take  his  place, 
without  delay. 

3.  If  no  previous  Moderator  be  present,  the  quorum 
may  proceed  to  designate  one  of  their  own  number,  to 
take  the  chair  for  a  time. 

4.  If  a  quorum  be  not  assembled  at  the  hour 
appointed,  any  two  members  shall  be  competent  to 
adjourn  from  time  to  time,  that  an  opportunity  may 
be  given  for  a  quorum  to  assemble. 

5.  At  the  first  session  of  any  judicatory,  the  roll 
shall  be  called,  and  carefully  recorded;  and  members 
who  come  to  take  their  seats  afterwards,  shall  be 
mentioned  on  the  minutes  as  they  appear,  and  entered 
on  the  roll,  with  a  figure,  to  indicate  the  day  on 
which  they  appear. 

6.  The  minutes  shall  be  read  at  least  orice  a  day, 
and,  if  possible,  at  the  opening  of  each  morning  ses- 
sio7i,  and  corrected,  as  far  as  7nay  be  requisite. 

7.  It  shall  be  the  duty  of  the  Recording  Cleric  to 
Jceep  all  papers  in  perfect  order,  so  that  no  delay  may 

*  '■^Resolved,  2.  That  this  Committee  be  directed  to  report  such 
amendments  or  alterations  in  the  Rules  of  Order,  as  they  may 
deem  adapted  to  promote  the  dispatch  of  business  in  the  Assem- 
bly." (Minutes  of  18G1,  p.  349.) 


RULES   FOR   JUDICATORIES.  29 

he  occasioned  ivhen  any  one  is  called  for^  or  any  pre- 
vious minute  is  required  to  be  read, 

8.  It  shall  be  his  duty,  also,  to  keep  a  docket,  pre- 
pared from  the  beginning,  with  a  full  statement  of 
business  referred  by  a  former  Assembly,  or  left 
unfi7iished  by  a  previous  meeting;  and  keep  an  exact 
entry  upon  it  of  every  item  accepted  for  the  consider- 
ation of  the  judicatory . 

9.  After  the  reading  and  approval  of  the  minutes, 
at  the  morning  session,  the  Moderator  may  call  for 
papers  and  reports  to  be  read,  before  any  other  j)ro- 
ceedings  are  had;  and  such  papers  and  reports  shall 
he  put  on  the  docket,  as  a  matter  of  course,  unless 
otherwise  ordered  by  a  vote. 

10.  Papers  communicated  in  the  ivay  of  overture, 
may  be  placed  at  once,  without  being  read,  and  with- 
out formal  motion,  in  the  hands  of  the  Committee  on 
Bills  and  Overtures ;  and  an  overture  must  be  read 
to  the  judicatory,  before  it  is  referred,  or  in  case  the 
Committee  fail  or  refuse  to  report  on  it,  if  required 
by  one-third  of  the  members. 

11.  Business  left  unfinished  at  the  last  sitting,  is 
ordinarily  to  be  taken  np  first. 

12.  It  shall  be  the  duty  of  the  Moderator,  at  all 
times,  to  preserve  order,  and  to  endeavour  to  conduct 
all  business  before  the  judicatory,  to  a  speedy  and 
proper  result. 

18.  It  shall  be  the  duty  of  the  Moderator  carefully 
to  keep  notes  of  the  several  articles  of  business  which 
may  be  assigned  to  particular  days,  and  to  call  them 
up  at  the  time  appointed. 

14.  The  Moderator  may  speak  to  points  of  order, 
in  preference  to  other  members,  rising  from  his  seat 
for  that  purpose;  and  shall  decide  questions  of  order, 
subject  to  an  appeal  to  the  judicatory  by  any  two 
members. 

15.  No  motioJi  can  be  made  while  a  member  is 
speaking;  but  the  Moderator  may  require  the  mem- 


30  RULES    FOR   JUDICATORIES. 

her  sjyeaking  to  desist  for  that  time,  when  an  order  of 
the  day,  or  the  hour  fixed  for  adjournment  has 
arrived. 

16.  If  more  than  one  member  rise  to  speak  at  the 
same  time,  the  member  who  is  most  distant  from  the 
Moderator's  chair  shall  speak  first;  and  it  shall  be 
the  duty  of  the  Moderator  always  to  announce  the 
name  of  the  member  tvho  obtains  the  floor. 

17.  When  more  than  three  members  of  the  judica- 
tory shall  be  standing  at  the  same  time,  the  Modera- 
tor shall  require  all  to  take  their  seats,  the  person 
only  excepted  who  may  be  speaking. 

18.  If  any  member  act,  in  any  respect,  in  a  disor- 
derly manner,  it  shall  be  the  privilege  of  any  member, 
and  the  duty  of  the  Moderator,  to  call  him  to  order. 

19.  If  any  member  consider  himself  as  aggrieved 
by  a  decision  of  the  Moderator,  it  shall  be  his  privi- 
lege to  appeal  to  the  judicatory;  and  the  question  on 
such  appeal  shall  be  taken  without  debate. 

20.  Every  member,  when  speaking,  shall  address 
himself  to  the  Moderator,  and  shall  treat  his  fellow- 
members,  and  especially  the  Moderator,  with  decorum 
and  respect. 

21.  Without  express  permission,  no  member  of  a 
judicatory,  while  business  is  going  on,  shall  engage  in 
private  conversation;  nor  shall  members  address  one 
another,  nor  any  person  present,  but  through  the 
Moderator. 

22.  No  speaker  shall  be  interrupted,  unless  he  be 
out  of  order,  or  for  the  purpose  of  correcting  mistakes 
or  misrepresentations. 

23.  It  is  indispensable  that  members  of  ecclesiasti- 
cal judicatories  maintain  great  gravity  and  dignity 
while  judicially  convened;  that  they  attend  closely, 
in  their  speeches,  to  the  subject  under  consideration, 
and  avoid  prolix  and  desultory  harangues;  and  when 
they  deviate  from  the  subject,  it  is  the  privilege  of 
any  member,  and  the  duty  of  the  Moderator,  to  call 
them  to  order. 


RULES   rOR   JUDICATORIES.  31 

24.  No  member,  in  the  course  of  debate,  shall  be 
alloAved  to  indulge  in  personal  reflections. 

25.  No  speaking  shall  be  allowed,  without  a  formal 
motion,  unless  it  be  merely  for  explanation,  or  privi- 
lege; and  the  extent  of  this,  exception  shall  be  deter- 
mined by  the  Moderator,  if  there  he  no  vote  of  the 
judicatory  to  grant  or  refuse  it. 

26.  A  motion  made  must  be  seconded,  and  after- 
wards repeated  by  the  Moderator,  or  read  aloud, 
before  it  is  debated;  and  every  motion  shall  be 
reduced  to  writing,  if  the  Moderator  or  any  member 
require  it. 

27.  Any  member,  Avho  shall  have  made  a  motion, 
shall  have  liberty  to  withdraw  it,  with  the  consent  of 
his  second,  before  any  debate  has  taken  place  thereon, 
but  not  afterwards,  without  leave  of  the  judicatory. 

28.  3Iotions  to  p)ut  on  the  docket,  to  lay  on  the 
table,  to  take  up  business,  and  to  adjourn,  and  the 
call  for  the  previous  question,  shall  be  put  without 
debate.  On  questions  of  order,  postponement,  or 
commitment,  no  member  shall  speak  more  than  once. 
On  all  other  questions,  each  member  may  speak 
twice,  but  not  oftener,  without  express  leave  of  the 
judicatory. 

29.  When  a  question  is  under  debate,  no  motion 
shall  be  received,  unless  to  adjourn,  to  put  on  the 
docket,  to  lay  on  the  table,  to  postpone  indefinitely, 
to  postpone  to  a  day  certain,  to  commit,  or  to  amend ; 
which  several  motions  shall  have  precedence  in  the 
order  in  which  they  are  herein  arranged;  and  the 
motion  for  adjournment  shall  always  be  in  order. 

80.  The  vote  shall  always  be  on  the  amendment 
first,  and  on  that  of  the  second  degree,  before  that  of 
the  first  degree,  and  then  on  the  original  motion,  as 
ametided  or  not. 

31.  An  amendment  may  be  moved  on  any  motion, 
provided  it  be  germane  to  that  original  motion  ;  and 
in  like  manner  an  amendment  to  the  amend)nent  may 


32  RULES   FOR   JUDICATORIES. 

he  moved ;  hut  no  further  complication  in  this  way 
shall  he  pe7"mitted. 

32.  When  a  motion  is  made,  of  something  not  ger- 
mane to  the  original  motion,  hut  contrary  to  it,  or 
inconsistent  with  it,  such  motion  must  he  considered 
a  suhstitute,  ajid  may  he  read  for  notice,  hut  cannot 
he  in  order  for  dchate,  unless  preceded  hy  another 
motion  to  lay  the  original  motion  on  the  tahle;  which 
must  he  put  toithout  dehatc. 

33.  If  a  motion  under  debate  contains  several  parts, 
any  two  members  may  have  it  divided,  and  the  ques- 
tion taken  on  each  part. 

34.  An  original  ^notion,  including  amendments,  if 
any,  which  have  heen  actually  voted,  hut  excluding 
all  pending  amendments,  that  are  not  accepted  hy  the 
mover,  or  a  suhstitute  for  such  original  motion,  which 
has  heen  regularly  accepted  hy  laying  the  original 
motion  on  the  tahle,  is  called  '■'■the  previous  ques- 
tion." 

35.  This  previous  question  may  he  urged  to  final 
action  at  any  time  when  the  floor  can  he  ohtaAned,  hy 
a  motion  to  that  effect ;  which  motion,  when  seconded, 
shall  he  put  without  dehate,  and  may  he  carried  hy  a 
simple  majority. 

36.  When  a  call  for  the  previous  question  is  sus- 
tained, on  such  a  motion,  the  question  must  he  dis- 
tinctly stated  by  the  3Ioderator,  and  then  put  to  vote 
immediately;  no  other  motion  or  call  being  allotved, 
except  for  a  division  of  the  question,  or  a  record  of 
the  yeas  and  nays. 

37.  If  the  call  or  motion  for  the  previous  question 
he  not  sustained  by  a  vote,  the  debate  may  proceed ; 
and  if  it  be  sustained,  the  action  which  follows  on  the 
main  question  shall  not  he  called  up  again  during  the 
same  sessions  of  the  judicatory,  unless  hy  consent  of 
threefourtlis  of  the  members  present. 

38.  No  question,  once  decided,  tvhether  in  the  way 
of  adoption,  or  rejection,  or  postponement,  shall  -be 
reconsidered  at  the  same  sessions  of  the  judicatory, 


RULES   FOR   JUDICATORIES.  33 

unless  hy  consent  of  two-tliirds  of  the  members  jjre- 
sent,  and  unless  the  motion  to  reconsider  be  made  and 
seconded  bj  persons  who  voted  with  the  majority. 

39.  A  motion  to  lay  anything  on  the  table,  has  the 
effect  of  removing  it  from  further  consideration  at 
that  time,  and  that  stage  of  the  business,  but  not  so 
removing  it  that  it  may  not  be  taken  up  at  a  subse- 
quent time,  in  the  same  sessions,  by  a  majority  of  the 
members  'present. 

40.  Members  ought  not,  without  weighty  reasons, 
to  decline  voting,  as  this  practice  might  leave  the 
decision  of  very  interesting  questions  to  a  small  pro- 
portion of  the  judicatory.  Silent  members,  unless 
excused  from  voting,  must  be  considered  as  acquiesc- 
ing with  the  majority. 

41.  The  reading  of  any  paper,  or  part  thereof, 
which  is  under  consideration  of  the  judicatory,  must 
be  repeated,  at  the  request  of  any  member,  unless 
objected  to  by  the  Moderator,  or  any  other  member; 
in  which  ease,  it  will  require  a  vote,  on  regular 
motion,  put  without  debate,  to  grant  such  a  request. 

42.  When  the  moderator  has  commenced  taking 
the  vote,  no  further  debate  or  remark  shall  be  admit- 
ted, unless  there  has  evidently  been  a  mistake ;  in 
which  case,  the  mistake  shall  be  rectified,  and  the 
moderator  shall  re-commence  taking  the  vote. 

43.  When  a  vote  is  taken  by  ballot  in  any  judica- 
tory, the  Moderator  shall  vote  with  the  other  mem- 
bers ;  but  he  shall  not  vote  in  any  other  case,  unless 
the  judicatory  be  equally  divided;  when,  if  he  do  not 
choose  to  vote,  the  question  shall  be  lost. 

44.  The  yeas  and  nays  on  any  question  shall  not 
be  recorded,  unless  it  be  required  by  one-third  of  the 
members  present. 

45.  It  is  the  duty  of  the  moderator  to  appoint 
all  committees,  except  in  those  cases  in  which  the 
judicatory  shall  decide  otherwise. 

40.  The  number  of  any  committee  shall  be  fixed  by 
a  vote  of  the  Judicatory;   and  standing  committees 


34  RULES   FOR   JUDICATORIES. 

shall  he  composed  of  ati  equal  7iu77iher  of  ministers 
and  ruling  elders,  if  the  number  of  ruling  elders 
present  he  at  least  tivo-thirds  as  large  as  that  of  min- 
isters. 

47.  The  person  first  named  on  any  committee,  shall 
be  considered  as  the  chairman  thereof,  whose  duty  it 
shall  be  to  convene  the  committee ;  and,  in  case  of 
his  absence,  or  inability  to  act,  the  second  named 
member  shall  take  his  place,  and  perform  his  duties. 

48.  When  various  motions  are  made  with  respect 
to  the  filling  of  blanks  with  particular  numbers  or 
times,  the  question  shall  always  be  first  taken  on  the 
highest  number,  and  the  longest  time. 

49.  All  judicatories  have  a  right  to  sit  in  private, 
on  business  which,  in  their  judgment,  ought  not  to 
be  matter  of  public  speculation. 

50.  Besides  the  right  to  sit  judicially  in  private, 
whenever  they  think  it  right  to  do  so,  all  judicatories 
have  a  right  to  hold  what  are  commonly  called 
"interlocutory  meetings,"  or  a  sort  of  committees  of 
the  whole  judicatory,  in  which  members  may  freely 
converse  together  without  the  formalities  Avhich  are 
usually  necessary  in  judicial  proceedings. 

51.  Whenever  a  judicatory  is  about  to  sit  in  a 
judicial  capacity,  it  shall  be  the  duty  of  the  mode- 
rator, solemnly  to  announce  from  the  chair,  that  the 
body  is  about  to  pass  to  the  consideration  of  the 
business  assigned  for  trial;  and  to  enjoin  on  the 
members  to  recollect  and  regard  their  high  character, 
as  judges  of  a  court  of  Jesus  Christ,  and  the  solemn 
duty  in  which  they  are  about  to  act. 

52.  In  all  process  before  a  judicatory,  where  there 
is  an  accuser,  or  prosecutor,  it  is  expedient  that  there 
be  a  committee  of  the  judicatory  appointed,  (pro- 
vided the  number  of  members  be  sufficient  to  admit  of 
it  without  inconvenience,)  who  shall  be  called  the 
"Judicial  Committee;"  and  whose  duty  it  shall  be  to 
digest  and  arrange  all  the  papers,  and  to  prescribe, 
under  the  direction  of  the  judicatory,  the  whole  order 


RULES   FOR   JUDICATORIES. 


35 


of  the  proceedings.  The  members  of  this  committee 
shall  be  entitled,  notwithstanding  their  performance 
of  this  duty,  to  sit  and  vote  in  the  cause,  as  members 
of  the  judicatory. 

53.  But  in  cases  of  process  on  the  ground  of  "gene- 
ral rumour,"  where  there  is,  of  course,  no  particular 
accuser,  there  may  be  a  committee  appointed,  (if 
convenient,)  who  shall  be  called  the  "  Committee  of 
Prosecution,"  and  who  shall  conduct  the  whole  cause 
on  the  part  of  the  prosecution.  The  members  of  this 
committee  shall  not  be  permitted  to  sit  in  judgment 
in  the  case. 

54.  No  member  shall  retire  from  any  judicatory 
without  the  leave  of  the  moderator,  nor  withdraw 
from  it  to  return  home,  without  the  consent  of  the 
judicatory. 

55.  The  moderator  of  every  judicatory,  above  the 
church  session,  in  finally  closing  its  sessions,  in  addi- 
tion to  prayer,  may  cause  to  be  sung  an  appropriate 
psalm  or  hymn,  and  shall  pronounce  the  apostolical 
benediction. 


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.urmoni- 


DATE  DUE 

-^.-,„,_ 

CAYLORD 

PRINTED  IN  U    S    A. 

